Vicente G. Henson, JR., V. Ucpb General Insurance Co., Inc., G.R. No. 223134, August 14, 2019 Perlas-Bernabe, J
Vicente G. Henson, JR., V. Ucpb General Insurance Co., Inc., G.R. No. 223134, August 14, 2019 Perlas-Bernabe, J
,
G.R. No. 225052, March 27, 2019
2nd Division
Reyes, J.Jr.,J.
Doctrine/s:
a) Actual or compensatory damages cannot be presumed but must be proved with
reasonable degree of certainty.
b) Temperate or moderate damages may be recovered when some pecuniary loss has been
suffered but its amount cannot, from the nature of the case, be proved with certainty. The
amount thereof is, usually left to the discretion of the courts but the same should be
reasonable, bearing in mind that temperate damages should be more than nominal but less
than compensatory.
Nature of the Case: Claim for tax refund for erroneously paid excise tax.
Doctrine: There is solutio indebiti where: (1) payment is made when there exists no binding
relation between the payor, who has no duty to pay, and the person who received the payment;
and (2) the payment is made through mistake, and not through liberality or some other cause.
Doctrine: Following the principles of subrogation, the insurer only steps into the shoes of
the insured and therefore, for purposes of prescription, inherits only the remaining
period within which the insured may file an action against the wrongdoer. To be sure, the
prescriptive period of the action that the insured may file against the wrongdoer begins at the
time that the tort was committed, and the loss/injury occurred against the insured. The
indemnification of the insured by the insurer only allows it to be subrogated to the former's rights
and does not create a new reckoning point for the cause of action that the insured originally has
against the wrongdoer.